Konstitutsioonikontroll

Konstitutsioonikontroll, also known as judicial review, is a legal concept that allows courts to review the constitutionality of laws and actions taken by government bodies. This process ensures that legislation and executive decisions align with the fundamental principles and provisions enshrined in the constitution. In many countries, the highest court or a specialized constitutional court is vested with this power.

The primary purpose of konstitutsioonikontroll is to uphold the supremacy of the constitution and protect the rights and freedoms of citizens. When a law or action is deemed unconstitutional, it can be invalidated or struck down by the court. This mechanism serves as a crucial check on the power of the legislative and executive branches, preventing potential abuses and ensuring that the government operates within its defined limits.

There are generally two main models of constitutional review: diffuse and concentrated. In the diffuse model, any court can exercise constitutional review in cases brought before it. In the concentrated model, this power is exclusively held by a single, dedicated constitutional court. The specific procedures and scope of konstitutsioonikontroll can vary significantly between different legal systems. This process is a cornerstone of constitutional democracy, safeguarding the rule of law and fundamental rights.